My question involves criminal law for the state of: NCuestion involves criminal law for the state of: NC
Thank you in advance for helping me. I am currently on supervised Probation for a misdemeanor driving while license revoked. From day 1 I have been the nicest a person could possibly be to my P.O. Well on her first home visit she comes in and tells me I must remove every knife and gun and bow and arrow from my home. I had already moved my gun to a relative who put them in his gun safe.
For 6 years I have made a living selling survival weapons online so I would say I had at the least 120 knives in my work room. I also had my bow and arrow stored there also. At that time I did not know my probation required me to remove any thing that can be deemed a weapon. I had my expensive knives hanging on my walls of my office. My PO told me that I had remove everything. So, I did. My wife and I searched every nook and cranny of our home and removed everything we had to a relatives home and had them lock them in their safe. Saturday my PO calls and says she will be coming by Monday before 12pm so I needed to be there. I said fine and thanked her for letting me know so I would be sure I was home.
My wife doesnt work Mondays so she was sleeping in. I got up, got dressed and waited for my PO. At 8:35 I heard her car door shut so I went to open the door. Whooow man was I surprised! She had brought 5 other police with her to search my home. She came in and asked who else was here. I told her just my wife and I and my wife was asleep. She went to the bedroom and yelled at her to wake her up. Then she made my wife come to the living room where I was sitting. All 6 probation and police officers were standing in my living room. She then handcuffed me AND my wife (who is 42 years old and NEVER broken any laws). Needless to say this really pissed my wife off bad.
2 cops stood in front of us while the others searched. I picked up my phone because I wanted to video document what was taking place. The cop told me to put the phone down and I couldnt record at all... on my own property!
She said I was on probation and she called the shots. So I asked her since my wife had nothing to do with my probation, she had the right to record. She said yes she does have the right to record. So, my wife reached over to pick up the phone and the female who had just agreed she had the right to record snatched the phone from her and told her she couldnt record anything. So, I bit my tongue and let them abuse their power. After searching for about 10 minutes one of the cops came to the living room and asked why I didnt inform him there was a firearm on the top shelf of our walk in closet, hidden under some towels. I told him I had no idea what he was talking about. (Honestly I didnt) ....then my wife spoke up and told him she had put her gun there after work on Friday. It is her gun and its registered to her legally. He asked her if she knew I wasnt supposed to be anywhere that i could access a firearm. She said she did not know that applied to her pistol because she usually leaves it in the car. She carries it for her protection because she works until 8 and 9pm sometimes alone (she is a 25 yr hair stylist) Most days she is the only person working that late, and not to long ago at another salon a lady was leaving and while she was locking up the salon, a African American slashed her throat and took her purse. That woman died over $75.00 that was in her purse. Ever since that my wife has carried a pistol to and from work. The Friday before they searched she forgot to remove it from her purse so when she went inside her side of the closet she just put it under some of her clothes ect. She honestly did not know that could get me in trouble. The cop told her as long as it come back registered in her name he would leave it unloaded and she could go lock it up anywhere as long as i didn't have access to it. My PO went and got her gun and seized it. She would not even tell my wife how to get it back. My wife was furious. After searching my entie house, thats all the found. My PO decided to search our garage. I thought that would be fine until she came back with 2 unfinished survival spears that neither my wife or I remembered being there. Actually when I put them there they were intended to be thrown away because the customer changed his mind. Unfinished, I put them out to be thrown away. Unfortunately the had fallen over behind my huge toolbox and I forgot about them....until she told me where she found them.
Eventually they all left and she took the 2 unfinished spears and my wifes hand gun. So my wife calls my POs superior to ask what does she have to do to get her legally owned firearm back. My POs superior was not there so she left a message and her number. As soon as she hung the phone up my PO called back and would not tell her anything about her gun, then told my wife she was writing me up for probation violation. She would not even tell her why.
So, this is where we stand now. My questions are:
1. Is it not a violation of my wifes civil rights because they handcuffed her in her own home?
2. Is it not a violation of her rights to not allow her to record what was going on in her own home?
3. What happens if my PO writes me up for violating my probation even though I honesty did not know any of the 3 things were in my home?
***Please consider the following.... I am on misdemeanor probation for a simple non violent driving violation. I have never committed a felony, nor been charged with one. My wife legally purchased the pistol and its registered to her. I respectfully removed around 120 or more (what I thought was all of them) from my home. Not being able to continue producing my survival business, I am struggling to make ends meet.
Can anyone please give me some advice? If you have any questions to help you understand please feel free to post them and I will answer you.
Thank you so much.